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Provisions supplemental to section 20.
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21.—(1) Whenever a person obtains a judgment, order or decree in any court in the State against a society for payment of a deposit maintained by or for him with the society or institutes proceedings against the society claiming such payment, the person or any other person maintaining a deposit with the society—
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(a) may by motion ex parte apply to the Court for an order under subsection (2), and
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(b) on satisfying the registrar or clerk of the court in which the judgment, order or decree was obtained or the proceedings were instituted that he proposes to make an application under this section, shall be entitled to obtain a certificate signed by the registrar or clerk and stating that the judgment, order or decree has been obtained or that the proceedings were instituted (as the case may be), and the certificate shall be evidence of the facts so stated.
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(2) Where an application is made under subsection (1)—
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(a) the Court may by order direct that the deposit or any part thereof maintained under section 20 in the Central Bank by the society to which the application relates be not released during such period as the Court may deem proper and specify in the order, and
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(b) if the person making the application has obtained a judgment, order or decree against the society and it appears to the Court, after such enquiry as it deems appropriate, either—
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(i) that it is unlikely that further claims will be made against the deposit in respect of sums then owed by the society, or
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(ii) that, if such claims are made, the deposit is sufficient to meet them in full,
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the Court may by order direct that the sum specified in the judgment, order or decree, with or without the costs of the application, shall be paid to the person out of the deposit.
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(3) Where an order is made under subsection (2) (a), the Court may also make an order directing either—
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(a) that a bank shall not, except subject to such conditions or in such circumstances as may be specified in the order, make any payment out of any banking account in the name of the society against whom the order is made, or
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(b) that a specified bank shall not, except subject to such conditions or in such circumstances as may be specified in the order, make any payment out of any banking account or out of a specified banking account or type of banking account kept in the name of the society against whom the order is made by the specified bank.
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(4) Where—
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(a) a judgment, order or decree of the kind referred to in subsection (1) having been obtained against a society, an order is made under subsection (2) (a) on the application of the person who obtained the judgment, order or decree, or
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(b) an order is made under subsection (3),
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the society shall be deemed for the purposes of section 95 to be unable to pay its debts.
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(5) If an appeal is instituted in the Supreme Court—
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(a) against an order of the Court made under subsection (2) (a) or (3) on the application of a person who has obtained a judgment, order or decree of the kind referred to in subsection (1), or
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(b) against an order of the Court made under subsection (3) on the application of a person who has instituted proceedings of the kind referred to in subsection (1),
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subsection (6) and, where appropriate, subsection (7) shall apply.
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(6) The Supreme Court or the Court may by order postpone the application of subsection (4) for such period and (subject to subsection (7) in the case of an appeal referred to in subsection (5) (a)) on such terms as the court concerned may fix and specify in the order.
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(7) If the Supreme Court or the Court makes an order under subsection (6) in the case of an appeal referred to in subsection (5) (a), the court concerned may require the society to which the order relates either, as the court thinks fit, to lodge in court an amount equal to the amount of all the moneys due under the judgment, order or decree (or such lesser amount as the court may direct) or to give such security as the court may direct for the payment of all such moneys, together with, in either case, such further sum or security for costs of the appeal as the court shall consider just.
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(8) An order under subsection (2) (a), (3) or (6) may be revoked or varied by the Court or the Supreme Court, as the case may be.
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(9) The whole or any part of proceedings under this section or of an appeal in relation to such proceedings may be heard in chambers.
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